Being hit by a distracted driver is frustrating because these accidents are preventable. When someone texts, talks on the phone, or does other distracting things while driving, they put everyone at risk. Now you’re dealing with injuries and expenses because someone else couldn’t wait to check their phone.
It’s important to remember that a distracted driver is a dangerous driver. If a distracted driver caused your car accident, an experienced Scranton car accident lawyer at Munley Law can help. We will review your car accident case and fight to ensure you receive the compensation you are owed.
Contact us today for a free consultation. We do not collect a fee for our services unless we win your case.
Distracted Driving Laws in Scranton
Pennsylvania has strict laws against texting while driving, and violations of these laws can significantly strengthen your injury case. Understanding these laws helps us build stronger cases for our clients.
- Distracted driving is illegal. Pennsylvania law says it is illegal to hold and use a cell phone while driving. This includes when you are stopped at a stoplight or in traffic. Drivers who violate this law face fines and penalties.
- Enhanced penalties for injury crashes. When distracted driving causes serious injuries or death, Pennsylvania’s Daniel’s Law imposes additional penalties on the driver. These enhanced criminal penalties often support our arguments for higher compensation in civil cases.
- Stricter rules for commercial drivers. Truck drivers, bus drivers, and other commercial vehicle operators face even more stringent rules about phone use while driving. Federal regulations and company policies create additional ways to hold commercial drivers accountable.
These laws exist because distracted driving is dangerous and preventable. Drivers who break these laws and cause accidents should be fully responsible for the consequences.
How to Prove Distracted Driving in a Scranton Car Accident Claim
Unlike cases of car accidents caused by negligence, proving distracted driving requires more investigation. For example, breath tests can easily prove an accident was caused by a drunk driver. However, for distracted driving, we must find out what the driver was doing at the time of the crash.
We can obtain detailed records from phone companies showing when calls were made, texts were sent, or data was used. These records often provide the most evidence that drivers used their phones when they should have been watching the road. We will also check social media accounts for posts, messages, or location data. This helps us see if the driver used their phone during the crash.
Our car accident attorneys will also take a look at the vehicle’s navigation, entertainment, and other technology. We want to see if the driver used these systems instead of paying attention to driving.
Other drivers, passengers, or pedestrians sometimes see distracted driving behavior before crashes occur. We interview all potential witnesses to document what they observed about the driver’s behavior.
We work with experts who can look at phone records and study crash patterns. They explain to juries how distracted driving leads to accidents.
Common Types of Distracted Driving
Distracted driving involves more than just texting. Other types of distracted driving include:
- Talking on handheld phones, texting, checking social media, taking photos, or using apps while driving can be distracting and contribute to accidents. Even hands-free phone calls can be distracting and contribute to accidents.
- Trying to eat meals, drink coffee, or handle food while driving takes attention away from the road and often requires taking hands off the steering wheel.
- Applying makeup, shaving, fixing hair, or other grooming activities while driving creates dangerous distractions that can lead to serious accidents.
- Conversations with passengers, dealing with children in the backseat, or turning around to address passenger needs can distract drivers from the road.
- Programming GPS devices, adjusting music, or interacting with entertainment systems while driving diverts attention from the primary task of safe driving.
All of these activities can wait until you’re safely parked. When drivers engage in these behaviors while driving, they should be held responsible for any accidents they cause.
Why Scranton Distracted Driving Cases Are Different
Distracted driving accidents often lead to worse injuries than other crashes. This happens because distracted drivers do not brake or move away before hitting something. When someone is looking at their phone instead of the road, they often strike other vehicles at full speed.
Distracted drivers often do not slow down before crashes. This can lead to serious collisions, like a rear-end accident, where victims cannot react in time. Victims receive no warning when drivers do not brake or swerve before a crash. They cannot brace for impact or take protective action. This often leads to more severe injuries.
Many distracted driving accidents happen at intersections. This occurs when drivers run red lights or stop signs. They often do this because they are not paying attention. These side-impact crashes frequently cause serious injuries.
These accidents could have been easily prevented. This fact often makes the emotional impact worse for victims and their families. It adds more trauma on top of their physical injuries.
Insurance Company Challenges in Scranton Distracted Driving Crashes
Insurance companies often dispute distracted driving claims because proving distraction can be complex. They may argue that injuries weren’t serious or weren’t caused by the accident. They use several tactics to avoid paying fair compensation for these preventable accidents.
Insurance companies may argue that phone activity occurred before or after the crash, not during the collision. Our Scranton distracted driving accident lawyers analyze timelines to show how phone use caused the accident.
The insurance adjuster might question the trustworthiness of phone records. They may also say the driver was using a hands-free device. Munley Law works with experts who can explain how various types of phone use impair driving ability.
Insurance adjusters often blame accidents on road conditions, weather, or mechanical issues. This is a common tactic when dealing with insurers after a Scranton car crash. We conduct thorough investigations to demonstrate that distraction was the primary cause.
Why Choose Munley Law for Distracted Driving Cases
Distracted driving cases require attorneys who understand modern technology and know how to obtain and analyze digital evidence. We have the experience and resources needed to prove these complex cases.
We work with digital forensics experts who can obtain phone records, analyze social media activity, and examine vehicle technology to prove distracted driving. We’ve successfully handled numerous distracted driving cases and recovered significant compensation for our clients throughout Scranton and Pennsylvania.
Learn more about why Munley Law is among the leading personal injury law firms in Scranton.
Frequently Asked Questions about Distracted Driving in Scranton
What Damages Can I Recover in a Distracted Driving Accident Case?
You might be able to receive compensation for medical bills, lost pay, property damage, pain, and suffering. In serious cases, you may also receive punitive damages. Keep in mind that Pennsylvania follows a modified comparative negligence rule. You can still get damages if you were partly at fault. This is true as long as you were less than 51% responsible for the accident.
How Long Do I Have to File a Distracted Driving Accident Claim in Pennsylvania?
Pennsylvania’s statute of limitations for personal injury claims is generally two years from the date of the accident. However, some situations may change this timeline. It is important to talk to a lawyer right after your accident. This will help protect your rights.
What Should I Do Immediately After a Distracted Driving Accident in Scranton?
First, seek medical attention for any injuries. Call the police to report the accident and request that they document the scene. Take photos of the vehicles, road conditions, and any visible injuries. Collect contact information from witnesses and the other driver. Avoid admitting fault or discussing details of the accident beyond basic facts. Contact an experienced personal injury attorney promptly.
How Much Does It Cost to Hire a Distracted Driving Accident Attorney in Scranton?
Most personal injury lawyers work on a contingency fee basis. This means you pay no upfront costs. The lawyer only gets paid if they win compensation for you. The fee is typically a percentage of your settlement or court award. Initial consultations are usually free, allowing you to discuss your case without financial risk.
How Long Does a Distracted Driving Accident Case Typically Take to Resolve?
The timeline varies significantly depending on the severity of injuries, complexity of the case, and willingness of parties to negotiate. Simple cases may settle in a few months, while complex cases may take a year or more. Your attorney can provide a more specific timeline based on your individual circumstances.
Contact Munley Law
Evidence in distracted driving cases can disappear quickly. Phone companies may delete records, social media posts can be removed, and witness memories fade over time. The sooner you contact us, the better we can preserve the evidence needed to prove your case.
Pennsylvania law gives you two years from the date of your accident to file a lawsuit, but waiting too long can make it harder to gather the evidence needed to prove distracted driving.
If you’ve been injured by a distracted driver in Scranton, don’t let them avoid responsibility for their preventable choice. These accidents shouldn’t happen; when they do, the drivers who cause them should be held accountable.
Contact Munley Law’s personal injury lawyers today for a free consultation. We’ll review your case, explain your options, and begin the investigation to prove distracted driving and recover the compensation you deserve.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on November 26, 2025.
